Program Application




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Conversion action Online purchase with processed valid payment
Cookie days 30 day(s)
Commission type Percent of Sale
Base commission 10.00%

PROMOTER PROGRAM TERMS AND CONDITIONS



This Website Affiliate Agreement (the
“Agreement”) is entered into at the time of successful signup with Refersion by
and between you (the “Affiliate”), and Throwlights (the “Company),” and
together hereby make up, the “Parties”.



RECITALS



WHEREAS,the
Company is engaged in the selling of LED products and related merchandise
including apparel;



WHEREAS, the
Affiliate provides links to third party websites on the Affiliate’s website, social
media page, blog, hosted site, channel, etc. (the “Affiliate Website”) and;



WHEREAS, the
Company wishes to engage the Affiliate for the purpose of promoting its
website www.throwlights.com or www.kandekreations.com (the
“Company Website”) by placing a hyperlink, creative, banner, etc. on the
Affiliate Website (the “Link”) on the terms and conditions set forth below;



WHEREAS, the
Affiliate wishes to post the Link on the Affiliate Website and agrees to do so
under the terms and conditions of this Agreement; and



WHEREAS, each
Party is duly authorized and capable of entering into this Agreement.



NOW THEREFORE, in
consideration of the above recitals and the mutual promises and benefits
contained herein, the Parties hereby agree as follows:



1.      PURPOSE.



The Company hereby engages the Affiliate, and the Affiliate hereby
accepts such engagement, to perform the services described in this Agreement in
connection with posting the Link on the Affiliate Website (the “Services”).



2.      COMPENSATION.



In exchange for the Services, the Company shall pay the Affiliate
a referral fee as set forth in Exhibit A hereto (the “Referral Fee”). Payments
of the Referral Fee, if any, shall be made according to the payment schedule
set forth in Exhibit A hereto.



3.      TERM.



This Agreement is effective as of the Effective Date and shall
continue in force, unless otherwise terminated in accordance with the
provisions of Section 4 of this Agreement.



4.      TERMINATION.



This Agreement may be terminated by either party at any time.



Responsibilities after Termination.
Following the termination of this Agreement, the Company shall pay the
Affiliate any outstanding Referral Fees within 30 days that are owed to the
Affiliate for Services rendered before the effective date of the termination
(the “Termination Date”). The Affiliate acknowledges and agrees that no other
compensation, of any nature or type, other than any outstanding Referral Fees,
shall be payable hereunder following the termination of this Agreement. The
Affiliate shall return to the Company, at no cost, all materials and
information the Company has provided to the Affiliate in connection with this
Agreement, no later than 30 days after the Termination Date.



6.      CONFIDENTIAL
INFORMATION.



The Affiliate agrees, during the Term and [for a period of 3 years
thereafter, to hold in strictest confidence and not to use, except for the
benefit of the Company or as required by law, or to disclose to any person,
firm, or corporation without the prior written authorization of the Company,
any Confidential Information of the Company. “Confidential Information” means
any of the Company’s proprietary information, technical data, trade secrets, or
know-how, including, but not limited to, research, product plans, products,
services, customer lists, markets, software, developments, inventions,
processes, formulas, technology, designs, drawings, engineering, hardware
configuration information, marketing, finances, or other business information
disclosed to the Affiliate by the Company either directly or indirectly. The
Affiliate may use the Confidential Information to the extent necessary for
negotiations, discussions, and consultations with the Company’s personnel or
authorized representatives or for any other purpose the Company may hereafter
authorize in writing. At the request of the Company, the Affiliate must
promptly return all copies of Confidential Information received from the
Company, and must promptly destroy all other Confidential Information prepared
by the Affiliate, including, without limitation, any notes, reports, or other
documents.



7.      PARTIES’
REPRESENTATIONS AND WARRANTIES.



(a)   The Parties each represent and warrant as follows:



(i)    Each Party has full power, authority, and
right to perform its obligations under the Agreement.



(ii)  This Agreement is a legal, valid, and binding
obligation of each Party, enforceable against it in accordance with its terms
(except as may be limited by bankruptcy, insolvency, moratorium, or similar
laws affecting creditors’ rights generally and equitable remedies).



(iii)Entering into this Agreement will not violate the charter or
bylaws of either Party or any material contract to which that Party is also a
party.



(b)  The Affiliate hereby represents and warrants as follows:



(i)    The Services shall be performed in
accordance with and shall not violate any applicable laws, rules, or
regulations.



(ii)  The content comprising the Affiliate Website is not defamatory,
discriminatory, violent, or obscene, does not constitute false advertising,
solicit unlawful behavior, and violate any applicable laws, rules, or
regulations.



8.      INTELLECTUAL
PROPERTY.



Company Property Rights. All
text, graphics, photos, designs, trademarks, service marks, tradenames, or
other content comprising the Link provided, leased, or licensed to the
Affiliate with respect to the Affiliate’s performance of the Services are the
sole property of the Company, and the Affiliate has no ownership or other
intellectual property rights in or to such items.



9.      COMPANY
RIGHTS.



(a)   Right to Monitor Affiliate Website. The Company
has the right, but not the duty, to monitor the Affiliate Website



 (b)  Right to Modify,
Replace Link. The Company may, in its discretion, modify, update, or replace
the Link with another Link. The Affiliate will remove the then-current
Link from the Affiliate Website and replace such Link with the modified,
updated, or replacement Link.



(c)   Right to Remove Link. The Company may, in its
discretion, direct the Affiliate to remove, and the Affiliate agrees to remove
at the Company’s direction, the Link from the Affiliate Website at any time and
for any reason.



10.   INDEMNIFICATION.



(a)   Of Company by Affiliate. The Affiliate shall
indemnify and hold harmless the Company and its officers, members, managers,
employees, agents, contractors, sublicensees, affiliates, subsidiaries,
successors and assigns from and against any and all damages, liabilities,
costs, expenses, claims, and/or judgments, including, without limitation,
reasonable attorneys’ fees and disbursements (collectively, the “Claims”) that
any of them may suffer from or incur and that arise or result primarily from
(i) any gross negligence or willful misconduct of the Affiliate arising from or
connected with the Affiliate’s carrying out of its duties under this Agreement,
or (ii) the Affiliate’s breach of any of its obligations, agreements, or duties
under this Agreement.



(b)  Of Affiliate by Company. The Company shall indemnify and
hold harmless the Affiliate from and against all Claims that it may suffer from
or incur and that arise or result primarily from (i) its posting of the Link on
the Affiliate Website in connection with the carrying out of its duties under
this Agreement or (ii) the Company’s breach of any of its obligations,
agreements, or duties under this Agreement; provided, however, none of the
foregoing result from or arise out of the actions or inactions of the
Affiliate.




  1.  LAWS AFFECTING
    ELECTRONIC COMMERCE.



From time to time, governments enact laws and levy taxes and
tariffs affecting Internet electronic commerce. Each Party agrees that it is
solely responsible for complying with such laws, taxes, and tariffs, and will
hold harmless, protect, and defend the other Party and its subcontractors from
any claim, suit, penalty, tax, or tariff arising from the other Party’s
exercise of Internet electronic commerce.




  1.  LIMITATION OF
    LIABILITY.



THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF
ANY KIND IN CONNECTION WITH THE AGREEMENT. THE COMPANY’S LIABILITY SHALL NOT
EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE UNDER THE AGEEEMENT.



13.   DISCLAIMERS.



The Company makes no express or implied warranties or
representations with respect to any of the Company’s products or services sold
through the Link, including, but not limited to, warranties of merchantability
or fitness. The Company makes no representations that the operation of the
Company Website will be uninterrupted or error-free during the Term.




  1.  NATURE OF
    RELATIONSHIP.



The Parties agree that nothing in this Agreement shall be
construed as creating a joint venture, partnership, franchise, agency,
employer/employee, or similar relationship between the Parties, or as
authorizing either Party to act as the agent of the other. The Affiliate is and
will remain an independent contractor in its relationship to the Company. The
Company shall not be responsible for withholding taxes with respect to the
Affiliate’s compensation hereunder. The Affiliate shall have no claim against the
Company hereunder or otherwise for vacation pay, sick leave, retirement
benefits, social security, worker’s compensation, health or disability
benefits, unemployment insurance benefits, or employee benefits of any kind.
Nothing in this Agreement shall create any obligation between either Party and
a third party.




  1. AMENDMENTS.



No amendment, change, or modification of this Agreement shall be
valid unless in writing and signed by both Parties.




  1.  FORCE MAJEURE.



A Party shall be not be considered in breach of or in default
under this Agreement on account of, and shall not be liable to the other Party
for, any delay or failure to perform its obligations hereunder by reason of
fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar
event beyond that Party’s reasonable control (each a “Force Majeure Event”);
provided, however, if a Force Majeure Event occurs, the affected Party shall,
as soon as practicable:



(a)   notify the other Party of the Force Majeure Event
and its impact on performance under this Agreement; and



(b)  use reasonable efforts to resolve any issues resulting
from the Force Majeure Event and perform its obligations hereunder.




  1. NO IMPLIED WAIVER.



The failure of either Party to insist on strict performance of any
covenant or obligation under this Agreement, regardless of the length of time
for which such failure continues, shall not be deemed a waiver of such Party's
right to demand strict compliance in the future. No consent or waiver, express
or implied, to or of any breach or default in the performance of any obligation
under this Agreement shall constitute a consent or waiver to or of any other
breach or default in the performance of the same or any other obligation.




  1. NOTICE.



Any notice or other communication provided for herein or given
hereunder to a Party hereto shall be in writing and shall be given in person,
by overnight courier, or by mail (registered or certified mail, postage
prepaid, return-receipt requested) to the respective Parties as follows:



If to the Company:



Throwlights, Inc.



P.O. Box 3613



Vista, CA 92085




  1. GOVERNING LAW.



This Agreement shall be governed by the laws of the state of
California. In the event that litigation results from or arises out of this
Agreement or the performance thereof, the Parties agree to reimburse the
prevailing Party’s reasonable attorneys’ fees, court costs, and all other
expenses, whether or not taxable by the court as costs, in addition to any
other relief to which the prevailing Party may be entitled.




  1. SEVERABILITY.



Whenever possible, each provision of this Agreement will be
interpreted in such manner as to be effective and valid under applicable law,
but if any provision of this Agreement is held to be invalid, illegal, or
unenforceable in any respect under any applicable law or rule in any
jurisdiction, such invalidity, illegality, or unenforceability will not affect
any other provision or any other jurisdiction, but this Agreement will be
reformed, construed, and enforced in such jurisdiction as if such invalid,
illegal, or unenforceable provisions had never been contained herein.




  1. HEADINGS.



Headings used in this Agreement are provided for convenience only
and shall not be used to construe meaning or intent.



IN WITNESS WHEREOF, the
Parties have executed this Agreement as of the date first above written.






COMPANY




Throwlights, Inc.


By: Andrew
Zhao


Name: Andrew
Zhao


Title: Founder
& CEO






EXHIBIT A



1.      SERVICES.



In exchange for the Referral Fee, the Affiliate will provide the
following services:



(a)   Posting of Link.



(i)    Post the Link on the Affiliate Website.



in a position to be determined by the Affiliate in its discretion;
provided, however, that the Link may not be placed on the Affiliate Website in
any position that would be misleading or cause confusion.



(ii)  Post the Link on the Affiliate Website for such
period(s) of time as may be determined by the Affiliate in its discretion.



(iii)Use reasonable efforts to ensure the Link works on the
Affiliate Website, and that any visitor who clicks on the Link will be
connected to the Company Website.



(b)  Removal of Link. Remove the Link from the Affiliate
Website as may be determined by the Affiliate in its discretion; provided,
however, that the Affiliate shall remove the Link from the Affiliate Website
immediately if directed to do so by the Company.



(c)   Customer Referral. Refer new, unique and
legitimate customers (i.e., customers not previously existing to the Company)
to the Company Website via the Link.



(d)  The Company and the Affiliate are not affiliated in any
way and the Company in no way endorses or sponsors the Affiliate Website. 



2.      REFERRAL
FEE.



(a)   Calculation of Referral Fee. The Referral Fee
shall be calculated by the Company in good faith at a rate of 10% (the “Rate”)
per each valid purchase, as determined by the Company, via the Link (each, a
“Click” and, collectively, the “Clicks”) that results in a sale of the
Company’s products or services.



(b)  Records. The Company shall maintain accurate and
up-to-date records in accordance with generally accepted methods of accounting
for all data used to determine any Referral Fee payable to the Affiliate.



(c)   Affiliate Inspection; Discrepancies. The Company
shall permit the Affiliate reasonable access to the records and data used to
determine the Referral Fee for purposes of inspection. Any discrepancies
between the Company’s records and any Referral Fee paid to the Affiliate shall
be corrected by the Company within 90 days of receiving written notification of
such discrepancy from the Affiliate.



(d)  Payment. Except as provided below, any Referral Fee
accrued and payable to the Affiliate shall be paid by the Company



On a monthly basis.



(i)    No Payment of Referral Fee. The Affiliate
will not be eligible to receive a Referral Fee for, and the Company will not
pay a Referral Fee when:



(A)Such Referral Fee results from a manipulative, false, or
erroneous Click, including, but not limited to, any Click obtained by a
fraudulent or deceptive program, device, or scheme, artificial mechanism, or
the use of Affiliate’s employees to generate a false Click, which leads to a
purchase.



(B)Such Referral Fee results from an existing customer of the
Company.



(C)Such Referral Fee results accidentally from a duplicate sale.



(D)The sale underlying such Referral Fee results in a return,
cancellation, or refund, or when payment is not received by the Company (each,
a “Charge-back”).



(ii)  Adjustment of Referral Fee. Any Referral Fee, or
portion thereof, that has been paid to the Affiliate but later results in a
Charge-back will be deducted from the Affiliate’s next Referral Fee. If no
subsequent Referral Fee is to be paid to the Affiliate, an invoice will be sent
to the Affiliate for the amount of the Charge-back.



(iii)Following termination of the Agreement by the Company for a
material breach pursuant to Section 4(a)(ii) thereof, the Affiliate will
forfeit any Referral Fee for the last 90 days after the date of the Affiliate’s
material breach. 



By signing below, the Parties agree to comply with all of the
requirements contained in this Exhibit A.



Dated: May 24, 2020






COMPANY




Throwlights, Inc.


By: Andrew
Zhao


Name: Andrew
Zhao


Title: Founder
& CEO






 



 

PRIVACY POLICY



Last
updated May 24, 2020



 



Thank you for choosing
to be part of our community at Throwlights, Inc. (“Company”, “we”,
us”, or “our”). We are committed to protecting your personal
information and your right to privacy. If you have any questions or concerns
about our policy, or our practices with regards to your personal
information, please contact us at [email protected]



When you visit
our website throwlights.com, and use our services, you trust us
with your personal information. We take your privacy very seriously. In
this privacy policy, we seek to explain to you in the clearest way
possible what information we collect, how we use it and what rights you have in
relation to it. We hope you take some time to read through it carefully, as it
is important. If there are any terms in this privacy policy that you
do not agree with, please discontinue use of our Sites and our
services.



This privacy
policy applies to all information collected through
our website (such as throwlights.com), and/or any related
services, sales, marketing or events (we refer to them collectively in
this privacy policy as the "Services").



Please
read this privacy policy carefully as it will help you make informed
decisions about sharing your personal information with us.



 



TABLE
OF CONTENTS



1.
WHAT INFORMATION DO WE COLLECT?



2.
HOW DO WE USE YOUR INFORMATION?



3.
WILL YOUR INFORMATION BE SHARED WITH ANYONE?



4. WHO
WILL YOUR INFORMATION BE SHARED WITH?



5.
HOW LONG DO WE KEEP YOUR INFORMATION?



6.
HOW DO WE KEEP YOUR INFORMATION SAFE?



7.
DO WE COLLECT INFORMATION FROM MINORS?



8.
WHAT ARE YOUR PRIVACY RIGHTS?



9.
DATA BREACH



10.
CONTROLS FOR DO-NOT-TRACK FEATURES



11.
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?



12.
DO WE MAKE UPDATES TO THIS POLICY?



13.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?



 



1.
WHAT INFORMATION DO WE COLLECT?



 



Personal information you
disclose to us



In
Short:
  We collect personal information that you
provide to us.



We collect personal
information that you voluntarily provide to us when registering at
the Services expressing an interest in obtaining information about us
or our products and services, when participating in activities on
the Services or otherwise contacting us.



The personal
information that we collect depends on the context of your interactions with us
and the Services, the choices you make and the products and features you
use. The personal information we collect can include the following:



Publicly
Available Personal Information.
 We collect first name, maiden name, last name, and
nickname; current and former address; phone numbers; email
addresses; and other similar data. 



Personal
Information Provided by You.
 We collect purchase history; financial
information (credit card number, purchase history, invoices); and other similar
data.



Payment
Data.
 We collect data
necessary to process your payment if you make purchases, such as your payment
instrument number (such as a credit card number), and the security code
associated with your payment instrument. All payment data is stored
by Paypal, Shopify, Stripe and __________. You may find their privacy policy link(s)
here: https://www.paypal.com/us/webapps/mpp/ua/privacy-fullhttps://www.shopify.com/legal/privacyhttps://stripe.com/privacy and __________.



All personal
information that you provide to us must be true, complete and accurate, and you
must notify us of any changes to such personal information.



 



2.
HOW DO WE USE YOUR INFORMATION?



In
Short: 
 We process your information for purposes based on legitimate
business interests, the fulfillment of our contract with you, compliance with
our legal obligations, and/or your consent.



We use personal
information collected via our Services for a variety of business
purposes described below. We process your personal information for these
purposes in reliance on our legitimate business interests, in order to enter
into or perform a contract with you, with your consent, and/or for compliance
with our legal obligations. We indicate the specific processing grounds we rely
on next to each purpose listed below.



We use the information
we collect or receive:



·  To send you marketing and promotional communications. We and/or our third party marketing
partners may use the personal information you send to us for our marketing
purposes, if this is in accordance with your marketing preferences. You can
opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).



·  To send administrative information to you. We may use your personal information to send
you product, service and new feature information and/or information about
changes to our terms, conditions, and policies.



·  Fulfill and manage your orders. We may use your information to fulfill
and manage your orders, payments, returns, and exchanges made through
the Services.



·  Request Feedback. We may use your information to request feedback and to
contact you about your use of our Services.

                  
       



·  To deliver services to the user. We may use your information to provide
you with the requested service.



·  To respond to user inquiries/offer support to users. We may use your information to respond
to your inquiries and solve any potential issues you might have with the use of
our Services.



 



3.
WILL YOUR INFORMATION BE SHARED WITH ANYONE?



In
Short: 
 We only share information with your consent, to comply with
laws, to provide you with services, to protect your rights, or to fulfill
business obligations.



We may process or
share data based on the following legal basis:




  • Consent: We may
    process your data if you have given us specific consent to use your
    personal information in a specific purpose.






  • Legitimate
    Interests:
     We
    may process your data when it is reasonably necessary to achieve our
    legitimate business interests.






  • Performance of a
    Contract: 
    Where we have entered into a contract with you, we may
    process your personal information to fulfill the terms of our contract.






  • Legal Obligations: We may
    disclose your information where we are legally required to do so in order
    to comply with applicable law, governmental requests, a judicial
    proceeding, court order, or legal process, such as in response to a court
    order or a subpoena (including in response to public authorities to meet
    national security or law enforcement requirements).






  • Vital Interests: We may
    disclose your information where we believe it is necessary to investigate,
    prevent, or take action regarding potential violations of our policies,
    suspected fraud, situations involving potential threats to the safety of
    any person and illegal activities, or as evidence in litigation in which
    we are involved.



More specifically, we
may need to process your data or share your personal information in the
following situations:




  • Vendors,
    Consultants and Other Third-Party Service Providers.
     We may
    share your data with third party vendors, service providers, contractors
    or agents who perform services for us or on our behalf and require access
    to such information to do that work. Examples include: payment processing,
    data analysis, email delivery, hosting services, customer service and
    marketing efforts. We may allow selected third parties to use tracking
    technology on the Services, which will enable them to collect data
    about how you interact with the Services over time. This
    information may be used to, among other things, analyze and track data,
    determine the popularity of certain content and better understand online
    activity. Unless described in this Policy, we do not share, sell, rent or
    trade any of your information with third parties for their promotional
    purposes. We have contracts in place with our data processors. This
    means that they cannot do anything with your personal information unless
    we have instructed them to do it. They will not share your personal
    information with any organisation apart from us. They will hold it
    securely and retain it for the period we instruct.

  • Business
    Transfers.
     We
    may share or transfer your information in connection with, or during
    negotiations of, any merger, sale of company assets, financing, or
    acquisition of all or a portion of our business to another company.



 



4.
WHO WILL YOUR INFORMATION BE SHARED WITH?



In Short:  We only share information with the following
third parties.



  



We only share and
disclose your information with the following third parties. We have categorized
each party so that you may be easily understand the purpose of our data
collection and processing practices. If we have processed your data based on
your consent and you wish to revoke your consent, please contact us.




  • Invoice and
    Billing


    PayPal and Stripe




  • Social Media
    Sharing and Advertising


    Facebook
    advertising




  • Web and Mobile
    Analytics


    Google Analytics




  • Website Hosting

    Shopify



 



5. HOW
LONG DO WE KEEP YOUR INFORMATION?



In
Short: 
 We keep your information for as long as necessary to fulfill the
purposes outlined in this privacy policy unless otherwise required by
law.



We will only keep your
personal information for as long as it is necessary for the purposes set out in
this privacy policy, unless a longer retention period is required or
permitted by law (such as tax, accounting or other legal requirements). No
purpose in this policy will require us keeping your personal information for
longer than the period of time in which users have an account with us.



When we have no
ongoing legitimate business need to process your personal information, we will
either delete or anonymize it, or, if this is not possible (for example,
because your personal information has been stored in backup archives), then we
will securely store your personal information and isolate it from any further
processing until deletion is possible.



 



6.
HOW DO WE KEEP YOUR INFORMATION SAFE?



In
Short: 
 We aim to protect your personal information through a system of
organizational and technical security measures.



We have implemented
appropriate technical and organizational security measures designed to protect
the security of any personal information we process. However, please also
remember that we cannot guarantee that the internet itself is 100% secure.
Although we will do our best to protect your personal information, transmission
of personal information to and from our Services is at your own risk.
You should only access the services within a secure environment.



 



7. DO
WE COLLECT INFORMATION FROM MINORS?



In
Short: 
 We do not knowingly collect data from or market to children
under 18 years of age.



We do not knowingly
solicit data from or market to children under 18 years of age. By using
the Services, you represent that you are at least 18 or that you are the
parent or guardian of such a minor and consent to such minor dependent’s use of
the Services. If we learn that personal information from users less than
18 years of age has been collected, we will deactivate the account and take
reasonable measures to promptly delete such data from our records. If you
become aware of any data we have collected from children under age 18, please
contact us at [email protected]



 



8.
WHAT ARE YOUR PRIVACY RIGHTS?



In
Short: 
 You may review, change, or terminate your account at any time.



If you are resident in
the European Economic Area and you believe we are unlawfully processing your
personal information, you also have the right to complain to your local data
protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.



If you have questions
or comments about your privacy rights, you may email us
at [email protected]



 



Account Information



If you would at any
time like to review or change the information in your account or terminate your
account, you can:



    ■  Log into your account settings and update your
user account.



Upon your request to
terminate your account, we will deactivate or delete your account and information
from our active databases. However, some information may be retained in our
files to prevent fraud, troubleshoot problems, assist with any investigations,
enforce our Terms of Use and/or comply with legal requirements.



Opting
out of email marketing:
 You can unsubscribe from our marketing email list at any time by
clicking on the unsubscribe link in the emails that we send or by contacting us
using the details provided below. You will then be removed from the marketing
email list – however, we will still need to send you service-related emails
that are necessary for the administration and use of your account. To otherwise
opt-out, you may:



    ■  Note your preferences when you register
an account with the site.



    ■  Access your account settings and update
preferences.



 



9.
DATA BREACH



A privacy breach occurs
when there is unauthorized access to or collection, use, disclosure or disposal
of personal information. You will be notified about data breaches
when Throwlights, Inc. believes you are likely to be at risk or
serious harm. For example, a data breach may be likely to result in serious
financial harm or harm to your mental or physical well-being. In the event
that Throwlights, Inc. becomes aware of a security breach which has
resulted or may result in unauthorized access, use or disclosure of personal
information Throwlights, Inc. will promptly investigate the matter
and notify the applicable Supervisory Authority not later than 72 hours after
having become aware of it, unless the personal data breach is unlikely to
result in a risk to the rights and freedoms of natural persons.



 



10.
CONTROLS FOR DO-NOT-TRACK FEATURES



Most web browsers and
some mobile operating systems and mobile applications include a Do-Not-Track
(“DNT”) feature or setting you can activate to signal your privacy preference
not to have data about your online browsing activities monitored and collected.
No uniform technology standard for recognizing and implementing DNT signals has
been finalized. As such, we do not currently respond to DNT browser signals or
any other mechanism that automatically communicates your choice not to be
tracked online. If a standard for online tracking is adopted that we must
follow in the future, we will inform you about that practice in a revised
version of this privacy policy.



 



11.
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?



In
Short: 
 Yes, if you are a resident of California, you are granted
specific rights regarding access to your personal information.



California Civil Code
Section 1798.83, also known as the “Shine The Light” law, permits our users who
are California residents to request and obtain from us, once a year and free of
charge, information about categories of personal information (if any) we
disclosed to third parties for direct marketing purposes and the names and
addresses of all third parties with which we shared personal information in the
immediately preceding calendar year. If you are a California resident and would
like to make such a request, please submit your request in writing to us using
the contact information provided below.



If you are under 18
years of age, reside in California, and have a registered account with
the Services, you have the right to request removal of unwanted data that
you publicly post on the Services. To request removal of such data, please
contact us using the contact information provided below, and include the email
address associated with your account and a statement that you reside in
California. We will make sure the data is not publicly displayed on
the Services, but please be aware that the data may not be completely or
comprehensively removed from our systems.



 



12.
DO WE MAKE UPDATES TO THIS POLICY?



In
Short: 
 Yes, we will update this policy as necessary to stay compliant
with relevant laws.



We may update
this privacy policy from time to time. The updated version will be
indicated by an updated “Revised” date and the updated version will be
effective as soon as it is accessible. If we make material changes to
this privacy policy, we may notify you either by prominently posting a
notice of such changes or by directly sending you a notification. We encourage
you to review this privacy policy frequently to be informed of how we
are protecting your information.



 



13.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?



If you have questions
or comments about this policy, you may email us
at [email protected] or by post to:



Throwlights, Inc. 



919 North Market
Street



Suite 950



Wilmington, DE 19801



United States



 



HOW
CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?



Based on the laws of
some countries, you may have the right to request access to the personal
information we collect from you, change that information, or delete it in some
circumstances. To request to review, update, or delete your personal
information, please email [email protected] We will respond to your
request within 30 days.